Threats to Pedestrian Safety
Car accidents, more often than not, are due to the negligent or reckless behavior of drivers, making these totally preventable incidents. Thus, if a driver fails to observe safety traffic rules, such as fail to respect traffic signal lights, drive recklessly, drive while intoxicated or allow distraction to get the better of him/her while behind the wheel, then him/her colliding with another motor vehicle, or hitting a bicyclist or a pedestrian is not a remote possibility.
The concerted efforts of the National Highway Traffic Safety Administration (NHTSA) and car manufacturers have led to the research, design, manufacture and installation of the latest devices that will make the streets safer for all motorists and, most especially, pedestrians. These devices, aptly called accident avoidance technologies, are designed to keep drivers from crashing into anything or anyone.
As a result, there are cars now installed with two of the latest accident avoidance devices, namely, the Pedestrian and Cyclist Detection with Full Auto Brake and the Forward Collision Warning System. While these devices enable the full activation of a car’s brakes even without driver input, there are other safety devices that can only slow down a vehicle (to reduce the force of impact), still leaving to the driver the need to bring his/her vehicle to a full stop.
According to the Centers for Disease Control and Prevention (CDC) and the Governors Highway Safety Association (GHSA), 4,884 people were killed in pedestrian accidents in 2014 (these accidents involved pedestrian and motor vehicles), while the numbered of those injured was 65,000.
Latest road safety reports, unfortunately, show that cars are no longer the only threat to pedestrians. Every year, based on a study using hospital coding data, about 1,000 pedestrians are hit, not by cars, but by bicyclist – accidents resulting to injuries that necessitate medical treatment in a hospital. Some injuries, however, lead to death, like in the case of a 75-year-old teacher who was struck by a 17-year old bicyclist as he swerved into the running lane to avoid something. Due to the injuries he sustained, the 75-year old man died two days after the accident; the accident occurred in Central Park one afternoon in August 2014.
Kankakee car accident attorneys say, “Pedestrian accidents can result in anything from minor scrapes and bruises to the death of an accident victim. Some of the most common injuries that result from pedestrian accidents include: broken bones, head trauma, disfigurement, skin abrasions or burns, internal bleeding, or contusions and bruises.
You should be able to feel safe when you set out to cross the street, walk to your car in a parking lot, or send your children to school. When someone else takes that security away by hitting you or a loved one with a car (or even a bicycle), the consequences are often irreversible, and it is important that the responsible party is brought to justice for his/her actions.”
Car accidents happen for various reasons and in various locations. Some locations, however, are more susceptible to auto accidents.
One of the most common places for accidents is a parking lot. The primary reason for parking lot accidents is speeding. Many drivers fail to abide by parking lot speed limits and end up causing an accident. Parking lot crashes occur frequently also because drivers tend to get confused about the right-of-way rules. Lastly, the addition of pedestrians complicates matters and often creates distractions for drivers.
Large metropolitan areas are not only notorious for heavy traffic, but car accidents as well. The Philadelphia car accident attorneys of Zavodnick, Zavodnick & Lasky, LLC, explain how these population-dense areas are located directly in the cross-hairs of major highways and drivers tend to be reckless and negligent. Heavy traffic creates frustration, which leads to aggressive driving and accidents. Large cities such as New York and Los Angeles are also areas of heavy commuting. Many commuters use this time behind the wheel to multitask – often eating, reading the paper, or putting on makeup. These distracted drivers are more likely to cause an accident. Commuters are also often tired, whether driving early in the morning on the way to work or on the way home after a long day at the office.
Perhaps the most surprising area where car accidents often occur is close to home. A 2004 study revealed that about 52% of accidents occur within 5 miles from a person’s home. This is because drivers tend to feel a sense of relaxation as they approach their neighborhood. The relaxation comes the autopilot effect that people experience when driving in an area that they are very familiar with.
Sexual abuse happens when someone, like a medical employee in a nursing home, initiates physical or sexual contact with another without his or her consent. Most of the time, abusers do this because they know they can get away with it. But they shouldn’t, and you can help protect your vulnerable loved one in a nursing home by understanding the nature of sexual abuse.
Elders are physically and mentally limited, so they don’t have the capability to resist sexual abuse. There are also instances that the abuse has already taken a toll on them, so they could not communicate their situation out of anxiety and fear. These frailties make the elderly population the perfect target for sexual abuse.
We can even narrow down the perfect target. It is fair to say that women are generally considered to be physically weaker than men. That also means that they have less capability to defend themselves once sexual abusers make their moves. This makes elderly women more vulnerable to sexual abuse compared to elderly men.
Aside from that, we should also look into the credibility of sexual abuse accusations. It means that the more mentally impared a person is, the more vulnerable this person becomes to sexual abuse. They are the perfect targets because even if they communicate their situation to others, their accusations may not be considered credible because of their mental condition. There are well-documented cases of elderly women with dementia, Alzheimer’s, and other forms of memory impairment suffering from sexual abuse in nursing homes.
The best way to fight sexual abuse in nursing homes is by knowing the signs of it. According to the website of Karlin, Fleisher & Falkenberg, LLC, your loved one may be a victim of sexual abuse if he or she has injuries in the pelvic area, trouble sitting, standing, and walking, newly discovered sexually transmitted diseases, or sudden changes in behavior.
If your loved one is showing at least one of these, especially if she is an elderly woman who is mentally impaired, be suspicious.
A research conducted in 2007 revealed to a number of psychologists that hypnosis can significantly reduce the pain felt by burn victims during debridement of wounds (debridement is the removal of dead, devitalized, contaminated tissue, and any other foreign material from a wound which inhibit healing. In 2009, another psychology expert, who has conducted extensive research on hypnosis and pain management, found out that hypnosis, combined with cognitive-behavioral therapy, could reduce the fatigue felt by breast cancer patients while undergoing radiation therapy.
So many other studies show that hypnosis is an effective tool in reducing pain. In fact, even during the Civil War, army surgeons already used hypnosis on injured soldiers to control pain during amputations.
Both the American Psychological Association (APA) and the American Society of Clinical Hypnosis affirm that hypnosis really does help in treating a wide range of conditions, including pain, anxiety, phobias and depression. More than these, however, hypnosis, also called hypnotherapy, has been found to be a valuable tool in providing solution to so many concerns, like chronic pain, self-confidence, anger, stress, worry, public speaking, sexual problems, gambling, smoking, obesity, study habits, hopelessness, panic attacks, negative feelings, self-control, hypertension, alcohol abuse, and drug dependence, to name just a few.
As explained by hypnotherapists from the Orlando Hypnosis Clinic, hypnosis can be used to make positive changes in a person’s life; however, for it to be effective, the person to be hypnotized should have firm determination to change, otherwise, he/she will only definitely fail and go back to his/her old ways.
During hypnosis, a person will feel deeply relaxed; his/her subconscious also becomes fully awake and aware, while his/her conscious state fades back. While in this relaxed trance, it would also be easy to give him/her ideas or suggestions which he/she would easily believe – ideas such as alcohol, cigarette and drugs are bad and will only make him/her physically ill. These suggestions will be retained in his/her subconscious level, resulting to a change in behavior after he/she is brought out of the relaxed trance. Hypnosis, clearly, is not about a therapist controlling the mind of a patient; it is rather a patient being taught and learning how to control himself/herself and his/her actions more effectively. Anyone can choose to have hypnosis as treatment, except those who do not want to be hypnotized, those who are drunk or stoned, and those who have below average IQ.
When divorces involve custody disputes, the stakes are high – ABC News discusses how one wrong decision and a child can end up in the hands of an abuser, or an otherwise loving and responsible parent can be seen as an unfit and delinquent provider. It is therefore up to the family court judge to decide what is best for the child and the divorcing parents – these judges essentially have childrens’ fate in their hands.
“Parental alienation” is the notion that one parent can plant a child with ideas that would then make the child turn away from the other parent, even if said ideas are untrue or uncalled for. According to Fort Worth child custody attorneys of The Maynard Law Firm, these behaviors are often seen in high-conflict marriages, or in divorcing or separating parents.
Dr. Richard Warshak, University of Texas Southwestern Medical Center clinical professor of psychiatry and author of the book titled Divorce Poison, said this can cause irreparable damage to the bond and relationship of the child and the other parent, with “hear[ing] a steady drumbeat about a parent’s flaws and lies that portray the parent as unloving and unworthy of love”.
The acceptance of parental alienation in some family law courts has received criticism and outrage in some sectors.
Washington, D.C.-based George Washington University law professor Joan Meiers said that with the prevalence of parental alienation instances, some judges are not inclined to believe that a child has been abused, instead believing that the child was coerced by one parent to lie about the other parent.
The medical community is also interested in this topic, with New York City, New York-based Columbia University professor of psychiatry Paul Appelbaum, who is also an American Psychiatric Association former president, saying, “We ought to be careful about throwing around terms [like parental alienation] that carry such strong pejorative connotations, especially when the consequences can change a child’s life forever.”
Elderly people often require as much care and consideration as small kids but are considerably harder to control since they are frequently set in their own ways and determined to have it. In assisted living facilities, however, a good percentage of the occupiers are infirm, necessitating aid to move about, or bedfast. Some who are not physically unfit may be suffering from mental issues, making them equally incapable of looking after themselves. These are the individuals who are in most need of continuous health-related care, which is the reason why they may be positioned in nursing homes. Regrettably, they do not always get it.
According to the website of an Indianapolis personal injury attorney, abuse happens in approximately one-third of nursing homes in the US, and one form of abuse is nursing home neglect. It may be thanks to incompetence employees shortage or just negligence. Regardless of the cause, the nursing home staff commonly neglects to maintain residents clean, fed, and medicated regularly. Their health can be further compromised by such episodes because most aged inhabitants have been in weak physical condition.
An additional complication is bed sores, also called pressure ulcers, that are caused by the failure to regularly change the position of the occupier, although these all may also occur for the bedfast. Normally, a bed sore develops when the bone tissues continuously press on the soft tissue, restricting the blood circulation. Bed sores can result in more severe health issues and also a lot of pain, and eventually passing, if remaining untreated.
It is possible to record it to the proper authorities to start an investigation if you suspect nursing home negligence of a close friend or relative. In the meantime, you may also not be unable to get pain and suffering as well as repayment for the medical costs of your elderly relative.
When Zofran was approved in 1992 by the FDA, the drug was originally prescribed to patients undergoing chemotherapy and radiation to prevent nausea and vomiting. By blocking the body’s natural substance serotonin which causes vomiting, the medication was able to help cancer patients. As doctors discovered how well Zofran worked, it wasn’t long before they began prescribing the drug to other patients who were not undergoing cancer treatment. According to the website of Williams Kherkher, even though it was not approved for such use, Zofran began being prescribed to pregnant women who suffered from extreme morning sickness. Sadly, it wasn’t until more than 20 years later that doctors began noticing a link between birth defects and taking Zofran during pregnancy.
In 2012, a study published by the Center for Birth Defects Research and Prevention found that taking Zofran during pregnancy doubled a child’s risk for developing a cleft palate or cleft lip. Further studies even found the drug could cause congenital heart defects. Unfortunately, many women had already taken the drug, causing their child suffering from one or more of these medical conditions as a result. Even after these studies found the danger of the drug, doctors continued to prescribe the drug off label to pregnant women. The medical conditions caused by an unborn fetus being exposed to Zofran can be lifelong and cause serious emotional trauma. Recently, the company who makes the drug, GlaxoSmithKline, paid out $2 billion dollars for falsely marketing the drug as a treatment for morning sickness in pregnant women.
Zofran, while a viable option for cancer patients, can cause devastating medical conditions in newborns. Without the proper warnings from the company who made the drug, pregnant women and their children were left to suffer as a result of improperly being prescribed the drug. Despite the payout from GSK and an official warning for pregnant women about the drug in 2013, the suffering caused by Zofran continues.
Blood clotting is a physiological process that prevents bleeding incidents from becoming fatal. The natural formation of blood clots is generally a healthy and lifesaving occurrence, however blood clots that form within arteries and veins can move through the blood stream and eventually block blood flow to the brain, heart, and lungs. This type of blockage can cause possibly deadly strokes, pulmonary embolisms, and heart attacks.
The occurrence of blood clots is frequent, ranging from small veins near the surface of the skin to deeper veins and arteries. While some blood clots will not pose a risk of danger, large clots in major areas are capable of inducing more serious medical problems. A blood clot can move away from the original source and travel to more vital areas of the body.
Common situations and medical conditions that cause blood clots to form include family history, pregnancy, smoking, certain medications, and surgery. Most heart attacks are due to the quick formation of a blood clot inside of the waxy cholesterol plaque lining the artery. This build-up of plaque can rupture and trigger blood to clot, prohibiting blood flow in that area.
Patients that are prone to dangerous blood clots are often prescribed blood thinners to lessen the risk of stroke or cardiovascular attacks. Xarelto is one such anticoagulant that is prescribed as a treatment option against stroke and deep vein thrombosis. According to the website of the attorneys of Williams Kherkher, the drug is currently prescribed to over 7 million people worldwide.
While Xarelto is a commonly prescribed anticoagulant that may prevent blood clots and the subsequent medical conditions that blood clots can cause, the defective medication is known for causing even more serious health complications. These complications include severe and possibly fatal bleeding incidents. If you or a loved one experienced side effects after taking Xarelto, contact an attorney in your area to discuss your legal options. You may be entitled to compensation for your medical expenses, wrongful death, and pain and suffering.
Cruises can be one of the most enjoyable experiences one could ever have in their lives. After all, surrounded by all that fresh air and deep blue sea, it is the perfect picture of tranquility and serenity. That is why it is mandated for the design of such cruise ships that every precaution is taken in order to make sure that every part of the ship adheres to safety standards. According to the website of the Louis A. Vucci, P.A., if these standards are not diligently adhered to, the consequences could be catastrophic.
An accident while on deck could prove to have some lasting effects, even sometimes causing severe disfigurement or permanent disability. This could affect not only your livelihood and profession, but also your psychological well-being. And to think this happened during a time allotted for rest and relaxation? This level of negligence is not acceptable but some liners do get away with it. How? The victims of these accidents seek the wrong kind of help.
Sometimes, the victim waits for far too long before even thinking that he or she has legal claim to file a case against the cruise ship. Sometimes, the wrong kind of lawyer that has no specialization or has insufficient knowledge of the subtleties that come with these kinds of events can even jeopardize the case. Any kind of accident is horrific to experience and can cause a lot of stress for yourself and for your entire family, which is the very thing that you had been trying to escape from when going into a cruise.
If you or someone you know has been in a similar situation, it is recommended to contact professional passenger injury lawyers in order to get not only capable legal service but also only the very best medical care available. As practitioners in this very specialized kind of field, they already know who to talk to and what procedures you will need in order for you to receive the best compensation package that will benefit you, following an event like this.
The death of a person because of the misconduct or negligence of a third party may be considered a wrongful death, and a lawsuit for that may be filed by surviving family members of the decedent. This may be death due to murder and other criminal activities where the same evidence brought in a criminal proceeding may be used although the standard of proof in a civil action is lower.
A defendant in a civil lawsuit may be acquitted in criminal court but found liable in a wrongful death suit. A classic case is that of O.J. Simpson who was acquitted of murdering his wife in 1994 but found liable for her death as well as that of a man named Ronald Goldman three years later, the jury deciding that an award totaling $33.5 million was appropriate.
Each state has its own set of statutes for wrongful death suits, but in general a wrongful death suit can be filed by close family members or a personal representative of the victim’s estate, and the award, if forthcoming is divided equitably among the plaintiffs. In some states, two separate actions can be filed for the benefit of the surviving family members and for the benefit of the estate. In California, however, only one civil action can be brought for a wrongful death suit (California Code of Civil Procedure § 377.60-377.62).
For a wrongful death suit to prosper, the following must be in evidence: someone died; death was caused by negligence or intent to do harm of another person or entity; surviving family members experienced pecuniary harm as a result of the victim’s death; and there is a personal representative of the estate. As such, a wrongful death suit may apply in a vehicular (land , air or water) accidents, occupational exposure to toxic substances, criminal behavior, and death occurring while engaged in a supervised activity i.e. school.
Damages in a wrongful death suit can be extensive, as explained on the website of Habush Habush & Rottier S.C. ®, and may include compensation for actual pecuniary losses. This may seem simple, but in fact it is difficult to determine the extent of this because so many factors impinge such as medical and burial expenses, future income, life expectancy, and loss of parental guidance. The jury may also award punitive and survival action damages which includes the pain and suffering experienced by the victim prior to actual death.
A wrongful death suit is complicated, and needs the expert legal knowledge of a wrongful death lawyer to carry out properly. If you believe you are entitled to compensation for the death of a loved one, do not hesitate to find a competent lawyer in California to help you.